[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Rules and Regulations]
[Pages 38110-38111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13909]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140818679-5356-02]
RIN 0648-XE674


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Extension of the 2016 Gulf of 
Mexico Private Angling Recreational Red Snapper Season

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; extension.

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SUMMARY: NMFS extends the recreational fishing season for the private 
angling component for red snapper in the exclusive economic zone (EEZ) 
of the Gulf of Mexico (Gulf) through this temporary rule. NMFS 
previously determined the private angling component would reach its 
annual catch target (ACT) for Gulf red snapper by 12:01 a.m., local 
time, June 10, 2016. However, due to recent severe weather conditions 
in the eastern Gulf, fishing opportunities were restricted during the 
recreational fishing season for the private angling component. NMFS has 
projected the private angling component will not reach its ACT by the 
current closure date. Therefore, NMFS is extending the recreational red 
snapper fishing season for the private angling component for 2 days to 
allow the ACT to be harvested. The intent of this action is to provide 
the recreational private angling component the opportunity to harvest 
its red snapper ACT, and the opportunity to achieve the optimum yield 
for the fishery, thus enhancing social and economic benefits to the 
fishery.

DATES: The extension is effective from 12:01 a.m., local time, June 10, 
2016, until 12:01 a.m., local time, June 12, 2016. The beginning of the 
2017 Federal recreational fishing season for the private angling 
component begins on June 1, 2017.

FOR FURTHER INFORMATION CONTACT: Steve Branstetter, NMFS Southeast 
Regional Office, telephone: 727-824-5305, email: 
[email protected].

SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery includes red 
snapper and is managed under the Fishery Management Plan for the Reef 
Fish Resources of the Gulf of Mexico (FMP). The FMP was prepared by the 
Gulf of Mexico Fishery Management Council (Council) and is implemented 
by NMFS through regulations at 50 CFR part 622 under the authority of 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
    On April 28, 2016, NMFS announced in the Federal Register the 2016 
recreational fishing seasons for the private angling and Federal 
charter vessel/headboat (for-hire) components for red snapper in the 
Gulf EEZ (81 FR 25583, April 28, 2016). The Federal recreational 
seasons for red snapper in the Gulf began on June 1, 2016. Regulations 
at 50 CFR 622.41(q)(2)(i) require NMFS to close the respective 
recreational fishing seasons for Gulf red snapper in Federal waters 
when the respective recreational component ACT, specified in 50 CFR 
622.41(q)(2)(iii), is met or projected to be met. For recreational 
harvest by the private angling component, NMFS determined that the 
season would end at 12:01 a.m., local time, on June 10, 2016, which 
constituted a 9-day fishing season.
    Landings and effort data are not available in-season to determine 
if the recreational ACT for the private angling component will be met 
on June 9, 2016. However, the eastern Gulf experienced severe weather 
conditions from Tropical Storm Colin during the 2016 red snapper 
recreational fishing season and it is likely that fishing effort and 
landings for the private angling component are less than NMFS 
projected. The majority of red snapper recreational harvest in the Gulf 
comes from the eastern Gulf. Because of the assumed effort reduction as 
a result of severe weather, NMFS has determined that the recreational 
private angling component will not harvest its red snapper ACT by the 
previously estimated June 10, 2016, closing date. Based on the 
assumption that weather conditions will improve and recreational 
fishing effort will return to expected rates, NMFS projects the 
recreational red snapper season for the private angling component can 
be extended for an additional 2 days, and will therefore close at 12:01 
a.m., local time, on June 12, 2016.
    The Federal season for the Federal for-hire component began at 
12:01 a.m., local time, June 1, 2016, and will close at 12:01 a.m., 
local time, July 17, 2016 (81 FR 25583, April 28, 2016). The Federal 
recreational fishing season for the for-hire component will not be 
revised by NMFS as a result of the recent severe weather, because the 
comparatively longer component fishing season allows for greater 
flexibility in scheduling fishing trips and greater opportunity to 
harvest the component ACT.
    The 2017 Federal recreational fishing seasons for both private 
angling and for-hire components begin on June 1, 2017.
    On and after the effective date of a recreational component 
closure, the bag and possession limits for red snapper in the 
respective component are zero. When the Federal charter vessel/headboat 
component or entire recreational sector is closed, these bag and 
possession limits apply in the Gulf on board a vessel for which a valid 
Federal charter vessel/headboat permit for Gulf reef fish has been 
issued, without regard to where such species were harvested, i.e., in 
state or Federal waters.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined this temporary rule is necessary for the conservation and 
management of Gulf red snapper and is consistent with the Magnuson-
Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.8(c) and 622.41(q)(2)(i) and 
is exempt from review under Executive Order 12866.
    These measures are exempt from the procedures of the Regulatory 
Flexibility Act because the temporary rule is issued without 
opportunity for prior notice and comment.
    This action responds to the best scientific information available. 
The Assistant Administrator for NOAA Fisheries (AA), finds that the 
need to immediately implement this action to extend the season for the 
private angling component for the red snapper recreational sector 
constitute good cause to waive the requirements to provide prior notice 
and opportunity for public comment on this temporary rule pursuant to 
the authority set forth in 5 U.S.C. 553(b)(B), because such procedures 
are unnecessary and contrary to the public interest. Such procedures 
are unnecessary because the rule implementing the recreational red 
snapper ACLs and ACTs, and the rule

[[Page 38111]]

implementing the requirement to close the recreational components when 
the ACTs are projected to be reached have already been subject to 
notice and comment, and all that remains is to notify the public of the 
extension. Providing prior notice and opportunity for public comment 
are contrary to the public interest because of the need to immediately 
implement this action to allow for a limited extended season. Prior 
notice and opportunity for public comment would require time and would 
not allow for the extension of the season.
    For the aforementioned reasons, the AA also finds good cause to 
waive the 30-day delay in the effectiveness of this action under 5 
U.S.C. 553(d)(3).

    Authority: 16 U.S.C. 1801 et seq.

    Dated: June 8, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2016-13909 Filed 6-8-16; 4:15 pm]
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